passenger fined for using a mobile phone

roKWiz · 23-01-2020, 07:17 AM

I must admit I didn't know this, Can not believe Police, RMS NSW are fining front seat passengers now for using their mobile phones while I've heard other states are clamping down on distracting rear window stickers and fluffy dice. !

https://www.sydneycriminallawyers.co...ger-behaviour/

prydey · 23-01-2020, 08:07 AM

Quote:

This rule is contained in regulation 299 of the Road Rules 2014 (NSW) which states that:

(1) A driver must not drive a vehicle that has a television receiver or visual display unit in or on the vehicle operating while the vehicle is moving, or is stationary but not parked, if any part of the image on the screen:

is visible to the driver from the normal driving position, or
likely to distract another driver.

I notice the law says 'can't distract another driver'.

Many cars have dvd players in them, both fixed and portable, headrest mounted and/or roof mounted. I have them in my car when going on holiday. These are clearly visible to other road users. I've driven behind cars and beside cars watching their dvds.

I wonder if this is technically a breach of that rule also?

roKWiz · 23-01-2020, 08:12 AM

Its a weird one, was thinking of the implications of all the phone camera's being installed.

prydey · 23-01-2020, 08:24 AM

It's not that obscure though. I was aware of that rule about the distraction to the driver.

Just the extra point about 'other drivers' seems a bit rough.

roKWiz · 23-01-2020, 08:36 AM

Quote:

Originally Posted by prydey

It's not that obscure though. I was aware of that rule about the distraction to the driver.

Just the extra point about 'other drivers' seems a bit rough.

I really don't get the difference between using onboard touch screen stuff and a passenger using their own phone
(Obviously, as long as they are not asking you to look at what they are viewing.)

To me, there is no different to outside neon/LED advertising sign boards alongside hwys.

jpd80 · 23-01-2020, 09:09 AM

Wow, I wondered about people watching YouTube in the front passenger seat, if the driver can see it they’re in violation of the road rules.......

roKWiz, I’m with you, modern displays are getting bigger but the regulators won’t call Carmakers on them being a source of distraction.

Ride a push bike and be on a phone, $1,000 fine where I am.

**Peuty** · 23-01-2020, 09:38 AM

What the article probably won't mention is how the passenger was likely thrusting the phone in the drivers face screeching "omg look at Bella's Instagram story - saaaahhh cuuute".

However, I agree that the law could be open to interpretation.

Express · 23-01-2020, 10:00 AM

In my opinion distractions play a much bigger part in accidents than speed.

The rule about driver's not looking at screens, even those held by passengers has been reasonably well known since people started enquiring why their infotainment screens go blank when watching movies or television as soon as the vehicle moves forward.

With the new mobile phone rules I guess they are now going to jump on this issue as well.

We were walking though our supermarket carpark over Christmas and a woman drove passed us with a phone to her ear and ran straight into a car reversing out of it's bay, no break lights she just slammed straight into it.

We could see the car reversing out long before she got near it.

Makes me wonder if using a phone instantly renders some people completely blind.

Disclaimer: I have a hatred of people driving while using mobile phones as I've had two cars damaged by people running into them while on the phone.

.

ford71V8 · 23-01-2020, 10:07 AM

I don't think this is the first time either - story sounds familiar.

Its when I also brought up the cars driving past with 2 DVD screens in headrests, illuminating everything behind the driver. That is distracting, as is the harsh neon signage in shopfront windows.
Hell, the intense light from a police cars warning lights is distracting.

We got a fine in the mail last week.....$547 for disobeying Red Arrow.
$547!

Photos show its genuine - borderline but yeah.

I cant be mad.
Unfortunately my wife has been travelling back and forth across town with her mum going palliative. Mum died 2 days after this offence, so I know the missus has had many things on her mind. I know it wasn't a deliberate act, she's decided she is far enough over the line and continued thru on the red.
But man thats a big number.

They need more money, us drivers are the target.
With everyone driving 10k's under the limit now, they'll make up for it other ways

**Mechan1k** · 23-01-2020, 10:18 AM

A little bit of click bait here.

Its for Passengers using phones for video calling and watching video.

It's fine for the passenger to send SMS and make standard phone calls though ... and there is nothing stated in the articles regarding people being fined for that.

So yes ... it is covered under the law regarding distracting video within driver vision.

Craig@AUDI · 23-01-2020, 10:43 AM

Quote:

Originally Posted by Peuty

What the article probably won't mention is how the passenger was likely thrusting the phone in the drivers face screeching "omg look at Bella's Instagram story - saaaahhh cuuute".

Spot on.

bangm001 · 23-01-2020, 10:56 AM

Wow, have to make up the revenue somehow if drivers are no longer speeding as much.

TheInterceptor · 23-01-2020, 12:11 PM

Quote:

Originally Posted by bangm001

Wow, have to make up the revenue somehow if drivers are no longer speeding as much.

Yes and no. Anything that can be "policed" for "safety" using a camera can and will be implemented. Nothing more than untapped revenue streams.

I can be at the lights looking at my UBD paper road map and motorbike ****er cops will just keep riding by. If I look at maps on my phone, I get slammed with a big fine. Hardly just and logical at all. As a result, I have no respect for them. Theyre simply there to raise revenue.

Don't get me wrong, It makes me angry when people are on their phones at the lights wasting time when the light goes green. If its that important that you must operate it for anything other than maps or OBD data streaming (okay maybe music streaming too) then go away and park somewhere.
Doing anything but quick selections for maps, music and obd is no different to doing a quick selection on the cars infotainment system (provided it is windscreen/dash mounted)

Speeding fines are definitely decreasing, only because people have become scared. As a result speed limits are dropping to help make up for it. WA and QLD are super slow to drive in, its exciting when you actually get to sit at the speed limit. Places like NSW its normal to be 10 to 20 over depending where you are. The police are much nicer and make more rash decisions aswell, perhaps less pressure from powers above to raise revenue. Always love coming home to Sydney as you feel freedom behind the wheel. Cant comment on SA and NT as I don't spend enough time in either state. But that's a topic for another day.

**kcodezd** · 23-01-2020, 06:01 PM

On a less serious note. Is it ok to be distracted driving past a full glass shopfront, and thinking ‘ that looks good’.

prydey · 23-01-2020, 06:10 PM

Quote:

Originally Posted by kcodezd

On a less serious note. Is it ok to be distracted driving past a full glass shopfront, and thinking ‘ that looks good’.

Or the beach in summer...

**DJR-351** · 23-01-2020, 06:20 PM

Quote:

Originally Posted by kcodezd

On a less serious note. Is it ok to be distracted driving ~~past~~ through a full glass shopfront, and thinking ‘ that looks good’.

....is more than likely the outcome

https://metermaids.com/

irvinnie · 23-01-2020, 06:22 PM

This is a headline without substance. Doesn’t give the full background story. It has to be a distraction to the driver, making a FaceTime call from the passenger seat and not including the driver isn’t going to fulfil the criteria to satisfy a court but having the driver participate in the call would. Obviously the police have seen this take place to issue the fine. It has been around for years but not enforced/found often.

Crazy Dazz · 23-01-2020, 08:15 PM

Quote:

Originally Posted by roKWiz

I must admit I didn't know this, Can not believe Police, RMS NSW are fining front seat passengers now

No, they're not.

They're fining drivers, for breaking the law.

It's really not that difficult to understand.
Breaking the law doesn't suddenly become permissible just because you have a passenger to share the blame.

I would wager that in each case the driver has done something to attract the attention of police, and when pinged, has attempted to escape blame by saying that the distracting device was being operated by the passenger.

One of our cars has a head unit that is capable of playing a DVD. It is obviously illegal to do so whilst driving,
nomatter who else may be watching

Ben73 · 23-01-2020, 08:31 PM

Quote:

Originally Posted by roKWiz

I really don't get the difference between using onboard touch screen stuff and a passenger using their own phone
(Obviously, as long as they are not asking you to look at what they are viewing.)

I'd argue using your phone as the driver is safer than using the built in screen which is legal. At least on your phone you could hold it up to the windscreen and still see a little bit in your peripheral vision.
You can't see anything when you tilt your head down.

jimbo51 · 23-01-2020, 08:45 PM

To further explore the issue of distraction - at the beginning of the Eastern Freeway in Melbourne just past 3 lanes merging in from Hoddle Street and at the transition from 60 to 100kph we have a screen spanning 4 lanes with colour & moving advertisements.

Seems to be a conflict of interest here - VicRoads getting revenue from leasing the space versus safety?

And there's plenty more examples around the country.

roKWiz · 24-01-2020, 07:17 AM

Quote:

Originally Posted by Crazy Dazz

No, they're not.

They're fining drivers, for breaking the law.

It's really not that difficult to understand.
Breaking the law doesn't suddenly become permissible just because you have a passenger to share the blame.

I would wager that in each case the driver has done something to attract the attention of police, and when pinged, has attempted to escape blame by saying that the distracting device was being operated by the passenger.

One of our cars has a head unit that is capable of playing a DVD. It is obviously illegal to do so whilst driving,
nomatter who else may be watching

I'm only the messenger on what I've been told.

https://www.wsfm.com.au/newsroom/syd...-mobile-phone/

ford71V8 · 24-01-2020, 10:29 AM

Quote:

Originally Posted by jimbo51

To further explore the issue of distraction - at the beginning of the Eastern Freeway in Melbourne just past 3 lanes merging in from Hoddle Street and at the transition from 60 to 100kph we have a screen spanning 4 lanes with colour & moving advertisements.

Seems to be a conflict of interest here - VicRoads getting revenue from leasing the space versus safety?

And there's plenty more examples around the country.

Seeing these more and more.
Bright and animated. (And normally advertising rubbish TV)

**Rallye Sport** · 24-01-2020, 04:34 PM

Quote:

Originally Posted by jimbo51

To further explore the issue of distraction - at the beginning of the Eastern Freeway in Melbourne just past 3 lanes merging in from Hoddle Street and at the transition from 60 to 100kph we have a screen spanning 4 lanes with colour & moving advertisements.

Seems to be a conflict of interest here - VicRoads getting revenue from leasing the space versus safety?

And there's plenty more examples around the country.

We had one go up on the right side of a left hand merge. It had the Bonds girls dancing in their underwear for the first couple of weeks